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TAX APPEALS TRIBUNAL IN MT KENYA REGION TO CREATE AWARENESS ON TAX DISPUTES RESOLUTION.

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Chairman Eric Nyongesa leads the Tax Appeals Tribunal members in an interactive campaign in Embu town to educate wananchi on tax disputes resolution.

BY CORRESPONDENT.

The Tax Appeals Tribunal has kicked-off a sensitization campaign in Mt Kenya Region to create awareness on the tribunal’s mandate, its processes and the tax payers’ rights, as well as tax dispute resolution issues in Kenya.

The Tribunal led by its chairman Eric Ngongesa who is also former Law Society Chairman Mombasa branch commenced the sensitization campaign this week on Monday.

The team which included members of the Tribunal, KRA, ICPAK, LSK and Kenya Law representatives sensitized stakeholders who included lawyers and business people in Embu town on tax resolution issues.

Tomorrow and Friday April 12, the team will be in Meru and Nyeri, respectively, to conduct the exercise.

The chair said the team was in the region to sensitize the tax payers and the practitioners specifically lawyers and the tax agents, to inform them about the tribunal’s processes and what they require in order to utilize the tribunal’s services.

He observed that there is a bit of absence of knowledge of processes and knowledge of adequate representation saying there is need for public engagements to build capacity for people appearing before the tribunal. The chairman noted this is important to increase the knowledge of the tax payer so that one knows about who to engage in terms of representation.

“There is a bit of absence of knowledge of processes and knowledge of adequate representation…that is why we feel that we need to do more of these engagements to build capacity for people appearing before the tribunal in terms of representation,” Mr Eric Nyongesa said.

He added: “Tax payers do not know how to deal with disputes when they are served with an assessment by the commissioner. ..they do not have proper representation in terms of tax agents and even the lawyers representing them are not active tax practitioners.”

Mr Nyongesa explained that the Tribunal was set up in 2015 specifically to deal with tax disputes adding that it is the first court that you go to when you have a dispute or tax matters with the KRA.

He assured taxpayers in the area that the tribunal has sufficient capacity to address and resolve tax disputes in the country.

AGENT CHARGED WITH STEALING SH8.7 MILLION.

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Samwel Kanyi Kang'ang'a before court where he denied stealing millions./PHOTO BY IRENE ONYANGO.

BY IRENE ONYANGO.

A company agent has been charged with stealing Sh 8. 7 million 

Samwel Kanyi Kang’ang’a appeared before Milimani Senior Principal Magistrate Gilbert Shikwe and denied the charges. 

Kang’ang’a is accused that on diverse dates between 9th August and 22nd September 2023 at an unknown place, being an agent of Leadwort Kenya Ltd, stole Sh 8,750,672. 

The millions had been entrusted to him to deliver to East Africa Zhenyuan Group Company Ltd. 

Prosecution told the court the accused impersonated the director of Leadwort Kenya Ltd while on a phone call with Zhang Qingsong of East Africa Zhenyaun Group Company Ltd. 

Kang’ang’a was released on a Sh 3Million bond or an alternative cash bail of Sh 1Million plus two contact persons pending hearing and determination of the criminal case. 

MOMBASA BUSINESSMAN LOSSES MULTI-MILLIONS PROPERTIES TO STATE.

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Attorney General Chamber home of Asset Recovery Agency (ARA). /PHOTO BY S.A.N.

BY SAM ALFAN.

Properties worth hundred millions belonging to Mombasa businessman and Tanzanian suspected to be bought with proceeds of crime has been forfeited to the government.

Justice Esther Maina forfeited both luxury and commercial vehicles belonging to Mombasa businessman Abdulmajid Msallam Timami and rental houses belonging to Tanzanian Said Mselem Abdallah.

The rental houses are located in section 11 Mainland North in Mombasa.

“A declaration be and is hereby issued that the following motor vehicles are proceeds of crime: KAZ 161M, KCC 232R, КСТ180М, КΑΕ 005A, ZF 6293, ZF 8270, KCQ 854X, KCV459T, KCP632F, KCL 444U, KBQ 4109.The aforestated vehicles be and are hereby forfeited to the government of Kenya,”judge ruled in her decision.

The court directed the Director of the NTSA to effect transfer of the vehicles to the Applicant.

” A declaration be and is hereby issued that the following immovable properties are proceeds of crime and the same are hereby forfeited to the government of Kenya: LR. No. Mombasa /Mwembelegeza/1385 and LR NO C.R 66464 NO 14173 (ORIG NO 14152/22), Survey Plan 371828, LR NO C.R 65470 14171(ORIG NO 14152/20) Section II Mainland North , Survey Plan NO 371826, LR NO C.R 66469 NO 14170(ORIG NO 14152/19) and NO 371825, ” ruled the judge.

All the properties are located in Mombasa Section II Mainland. Court forfeited the properties and all rental income.

Judge Esther Maina directed the Chief Land Registrar Mombasa to effect transfer of the above immovable properties to the Asset Recovery Agency.

The judge found that Asset Recovery Agency (ARA) adduced cogent evidence to prove that Timami was involved in the trafficking of narcotic which is a criminal offence.

“As for causal link between the criminal offence and the properties it is my finding that there is evidence that proves that the suit properties registered in Timami’s name were acquired during investigations,” said judge Maina in the decision.

Judge dismissed claims by Timami that the property registered had nothing to do with him and should not be forfeited to the state.

The judge said the parcel of land in Mwembelegeza legally belonged to Timami because he is the one who sought development approvals which proves the property belongs to him and not the Tanzanian.

Judge said the decision to register the property under tbe Tanzanian name was merely intended to launder the dirty.

AZIMIO NOW SEEKS TO BE JOINED IN CASE BLOCKING NADCO REPORT IMPLEMENTATION

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Azimio la umoja One Kenya Coalition leader Raila Odinga receives NADCO from joint committee Chairperson Kalonzo Musyoka and MP Kimani Inchung'wah.

BY SAM ALFAN.

High Court in Kiambu has satisfied urgent application by Azimio la umoja One Kenya Coalition seeking to join the petition challenging the implementation of the National Dialogue Committee report(NADCO).

Justice Dora Chepkwony certified the application urgent and directed Azimio lawyer Arnold Oginga to serve other parties and petitioner to respond within seven days.

The judge last month suspended the implementation of the National Dialogue Committee report pending a hearing and determination of a petition by activist Michael Muchemi.

The Raila Odinga led coalition wants to join the case as interested party.

The coalition told the court they want to participate in the proceedings that blocked implementation of NADCO report in regard to an audit of the 2022 presidential election.

The coalition through lawyer Oginga argued that on 22 of April the court declined to issue interim orders on a preliminary objection questioning the court jurisdiction to hear and determine the case.

Azimio application is supported by the affidavit sworn by wiper Democratic party leader Kalonzo Musyoka who told the court that the coalition stands to be greatly prejudiced should the instant application not be allowed.

“There is an eminent danger that the Courts shall give contradictory or conflicting decisions over the same subject matter and hence it is prudent that the two matters be consolidated and heard together,” Azimio lawyer Oginga told the Kiambu based Judge.

The coalition argued that orders sought in these proceedings shall and have a direct bearing on the coalition by virtue of being a key player in the National Dialogue Committee, and the Sponsoring political party, with key Members at the Parliament and the Senate.

The coalition further told the court it is important that they are afforded an opportunity to be heard before the Court makes any such Orders affecting them or the discharge of their functions in line with the principles of the rules of natural justice and the fundamental rights and freedoms to a fair hearing and trial as guaranteed under Articles 25 and 50 of the Constitution, ” coalition told the court.

ACTIVIST SEEKS INFORMATION ON AMENDMENTS BY WORLD HEALTH BODY.

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Lawyer Harrison Kinyanjui for activist Joseph Aura who has written to Dr. Cleopa Kilonzo Mailu Ambassador Extraordinary and Plenipotentiary Permanent Mission seeking for information on the proposed amendments to the international Health Regulation.

BY SAM ALFAN.

An activist has written to Kenya’s representative to the World Health Organisation (WHO) Dr Cleopa Mailu over the proposed amendments to the International Health Regulation (IHR).

Joseph Aura has sought in the letter to Dr Mailu the country’s position on the amendments and the draft pandemic treaty under WHO.

Aura, who challenged the three Acts that replaced the National Hospital Insurance Fund (NHIF), sought the information under Article 35(1)(a) and (b) of the Constitution.

The activist and wants to know whether Attorney General Justin Muturi was notified of the said proposed amendments to the IHR either by his office or by the Director General.of WHO..

Through lawyer Harisson Kinyanjui, Aura says that on April 4th 2024 he established that the WHO International Health Regulations (IHR) are due for adoption but the amendments were never made known to Kenyans.

He said the proposed amendments have been pending approval, reservations or rejection by Member States since 2022.

“As a Member State, Kenya is represented in the WHO by yourself, and our Client has further established that you are the Chair of the Regional Committee for Africa in regard to the Working Committee for the proposed IHR amendments. With respect, correct us if we have erred in that regard, ” Aura says in the letter.

He says he established that the Regional Committee for Africa was set to deliberate on the proposed amendments in a meeting on August 28th 2023 to 1st September 2023.

“Kindly let us know if Kenyan representatives attended such meetings, and WHAT (if any) contributions were made by such of the Kenyan delegation, as well as the outcome(s) thereof including any, and all Resolutions/Plans of Actions/Conclusions, and/or reservations made thereat in respect of the proposed IHR amendments, ” says Aura on the letter.

He also wants to be supplied with the information on whether Kenyan government was notified in accordance with Article 65(2) of the stated amendments.

He is also requesting to be furnished with the copies of such of the documents in regard to the successive meetings of Regional Committee for Africa regarding the proposed amendments to the IHR if the meeting by the Regional Committee for Africa took place thereafter with the participation of Kenya, and the outcomes thereof in regard to the proposed IHR amendments.

He further wants to be furnished with the information on World Health Organization has come up with a Pandemic Treaty for adoption by Member States during the forthcoming World Health Assembly (WHA) on whether Kenya participated at all stages.

MAN IN COURT OVER SH13 MILLION WHITE SUGAR DEAL.

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John Bosco Olago before court where he denied defrauding a Chinese company ober Sh13 million. /PHOTO BY S.A.N.

BY SAM ALFAN.

A businessman has been charged with obtaining Sh13.3 million in a fake sugar deal.

John Bosco Olago appeared before Milimani Chief Magistrate Benard Ochoi and denied defrauding the Chinese.

Bosco is accused that between 24th November last year and 28th this year within Kilimani area in Nairobi he obtained USD 103,000 (equivalent to Sh13,389,588.00).

He obtained the dollars from Hainan Rui Rong international company by falsely pretending he was in a position to sell them 1000 tonnes of white refined sugar a fact he knew was false.

NCBA Bank official and Registrar of companies is among state listed witnesses to testify against him

CONGOLESE MAN CHARGED WITH SH156 MILLION FRAUD IN FAKE TANTALUM DEAL.

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Congolese national, Lumumba Ulundu Patrick alias Gabriel Ilungu alias Lumumba Patrick Byarufu before court./PHOTO BY S.A.N.

BY SAM ALFAN.

A Congolese businessman has been charged with defrauding Chinese company Sh156 million by pretending he was in position to sell Tantalum noibium ore(Tantalite).

Ulundu Patrick Lumumba Alias Gabriel Kulonda Alias Lumumba Patrick Byarufu appeared before Milimani Chief Magistrate Benard Ochoi and denied the charges.

Prosecution told that on 26th day of December 2023 in Kenya, jointly with others not before court with intent to defraud obtained USD one million equivalent to Sh 156,000,000 from Yingchen(Shenzenhen] International trade Company Limited.

Court heard he obtained the millions by falsely pretending you were in a position to sell to the Company 84 metric tonnes of tantalum niobium ore[tantalite] ferried in container numbers a fact you knew to be false.

He is further accused that on diverse dates between 7th day of August and 26th day of December 2023 in Kenya, jointly with others not before court conspired to defraud the said 156 million from Yingchen[shenzenhen) International trade company limited.

He will remain in police custody pending ruling on bail on Monday next week.

According to Directorate of Criminal Investigations, Ulundu was cornered along Harambee Avenue in Nairobi, minutes after evading detection by Immigration officials at JKIA where a Stop Order had been placed on his passport.

Ulundu Patrick Lumumba Alias Gabriel Kulonda Alias Lumumba Patrick Byarufu before a Nairobi Court. /PHOTO BY S.A.N.

DCI revealed that the suspect used a Ugandan Interstate pass card in the names of Lumumba Patrick Byarufu, and upon arrest was also found in possession of yet another Congolese Passport.

“In the case he is implicated, a female Chinese national lost Sh151 million to the suspect’s machinations after one of three containers declared to contain tantalum minerals was opened in China, only to be found loaded with drums of sand, triggering investigations at the port of Mombasa, the transit route,” DCI said on their X social media page.

BIG BLOW TO GUYO AS COURT ALLOWS CASE CHALLENGING HIS SWITCH TO UDA TO PROCEED.

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Isiolo Governor Abdi Guyo.

BY SAM ALFAN.

Isiolo Governor Abdi Guyo and his deputy John Lowasa have suffered a major blow in their bid to stop the case challenging their move to defect from Jubilee Party to the ruling party.

The three judge bench Jairus Ngaah, John Chigiti and Lawrence Mugambi dismissed a preliminary objection filed by the Governor and his deputy challenging jurisdiction of the court to hear and determine the case.

The court ruling now means the petition filed by Isiolo voters challenging move by the Governor and his deputy to defect from Jubilee Party to United Democratic Alliance Party (UDA) will proceed to the full hearing.

Judges ruled that they have jurisdiction to hear the case and dismissed the Governor application.

In his preliminary objection, Governor Guyo argued that the court lacks the requisite jurisdiction hear and determine the petition on the basis of section 40 of Political Parties Act.

He argued that the application is bad in law for seeking to restrain the Governor and his deputy from discharging their constitutional rights.

However, the judges dismissed the Governor arguments adding that the apprehension by the two that the voters are seeking for their removal from the office in the petition is misplaced.

“We are also of the humble opinion that the argument that this court is deficient of jurisdiction to dispose of this petition on the ground that the petition seeks the removal of a governor and his deputy is premature and at best, misconceived,” ruled the judges.

The court informed Governor Guyo and his deputy that in the petition, the Isiolo voters are seeking several orders including the court pronouncement on what various provisions of the Constitution entails with respect to conduct of political parties and their members, particularly those whom are elected to office on their respective parties’ ticket.

Guyo Ali Guracha, Mohamed Wario Jattani, Teddy Muturi and Steven Kihonge Ndung’u wants the High Court in Nairobi to issue a temporary injunction restraining President William Ruto’s UDA party from soliciting, sponsoring, encouraging, aiding and abetting the defection of and revolt by elected leaders of Jubilee Party.

Through lawyer Kibe Mungai, they further sought an order of mandatory injunction be issued pursuant to Section 34(f) of the Political Parties Act, 2011 to compel the Registrar of Political Parties to notify Independent Electoral and Boundaries Commission that Guyo and Lowasa have ceased to be members of Jubilee Party.

“An order of injunction be issued to restrain the Registrar of Political Parties from condoning, acquiescing in aiding and abetting the scheme, actions and omissions of the United Democratic Alliance (UDA) of soliciting, sponsoring and encouraging the defection of and revolt by elected leaders of Jubilee Party pending hearing and determination of the constitution petition lodged against the two,” says the three voters.

According to the voters who are Azimio members, their petition raises substantial questions of law and refer the same to the Chief Justice Martha Koome for empanelment of a bench of at least five judges to hear and determine this case.

COURT EXTENDS ORDERS BLOCKING I&M BANK APPOINTED ADMINISTRATOR FROM MANAGING CAPE HOLDING LIMITED.

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Dusit D2 Hotel. /COURTESY PHOTO.

BY SAM ALFAN.

Appointment of two receiver managers to administer Cape Holdings Limited, a company that was placed under administration by I &M Bank remains suspended.

High Court extended the orders suspending the appointment Ponangipalli Venkata Rao and Swaroop Rao as joint administrators, pending hearing and determination of the suit filed by Senergy Industrial Credit Limited, which lays claim to Cape Holdings pending ruling on April 19th.

The court further extended orders blocking the joint administrators from assuming office, pending the ruling on the issue.

“A temporary injunction  restraining Ponangipalli Venkata Rao and Swaroop Rao from assuming office as joint administrators of Cape Holding Limited and from taking any other steps in furtherance of their appointment is hereby extended pending ruling on April 19th,” ordered Judge Mabeya.

The court had issued the orders stopping appointment of two receiver managers to administer Cape Holdings Limited, a company that was placed under administration by I &M Bank last month.

FORMER REREC GENERAL MANAGER CHARGED.

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Rural Electrification and Renewable Energy Corporation (REREC) General Manager, Finance and ICT Noah Okech Oluoch before Milimani Anti-Corruption Magistrate court where he denied forging of masters degree.. /PHOTO BY S.A.N.

BY SAM ALFAN.

Rural Electrification and Renewable Energy Corporation General Manager, Finance and ICT has been charged with earning salaries and allowances amounting to Sh1. 4 million using fake degree. 

Noah Aketch Oluoch appeared before Milimani Anti-Corruption Magistrate Thomas Nzioki and denied the charges. 

Aketch is accused that between 1st April to 31st August 2022 within Nairobi County being a public officer employed as General Manager, Finance and ICT at Rural Electrification and Renewable Energy Corporation, you fraudulently acquired public property in terms of salary and allowances amounting to Sh. 1,455,066.0 from RERE.

Prosecution further told the court that on unknown date and place within the country , Aketch forged a Master of Business Administration Degree Certificate Number 0217 in the name of Noah Oluoch Oketch, purporting it to be a genuine document issued to you by the University of Nairobi, a fact you knew to be false.

He was further charged that on the 23rd day of March, 21 at the Rural Electrification and Renewable Energy Corporation, knowingly and fraudulently uttered a forged Master of Business ministration Degree Certificate to CPA r’eter Mbugua, the Chief Executive Officer at the RERE purporting it to be a genuine document issued to you by the University of Nairobi, a fact you knew to be false.

He was released on a bond of Sh1 million or alternative cash bail of Sh500, 000

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